Yes, a jury has the power to nullify a law in a legal trial by choosing not to apply the law to the case before them, even if the evidence supports a guilty verdict. This is known as jury nullification.
In a jury trial, the jury determines what facts are true. The judge plays a referee and determines what is admissible at law, what law is relevant, and makes sure the trial is run by the rules. In a jury trial, the judge performs both roles.
trial by jury
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
In a court of law, the final decision is typically made by the judge if it is a bench trial (no jury). In cases with a jury, the final decision is made collectively by the jury based on the evidence presented and the law as instructed by the judge.
The series Law and Order: Trial by Jury, starring Bebe Neuwirth, the complete series is available on DVD at Amazon.
Trial by jury
Nova Net: Citizens were guarenteed freedom of religion, trial by jury, and the rights of common law.
Lawyers play a crucial role in jury duty by representing the interests of their clients, presenting evidence and arguments, and ensuring a fair trial process. They help select jurors, question witnesses, and make legal arguments to the jury. Their expertise in the law helps ensure that the trial is conducted according to legal standards and that justice is served.
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems (Roman, Islamic and socialist) do not use juries to any great extent.
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
It depends on the case. If it is a case where the defendant is likable and there aren't many technical legal issues at hand, or the judge is fairly harsh, a jury trial would be better. If it is a case where legal technicalities are a big issue, or the judge is fairly defense friendly, or the defendant is particularly scary to the general public, you probably want a bench trial. You should discuss the pros and cons with your attorney. He/she will have a better grasp on the law at issue, the jury pool in the area, and the reputation of the judge.
The judge's function in a trial by jury, is to rule on matters of law and evidence and ensure the trial is conducted properly in accordance with applicable law. But, it is the jury's verdict which IS the final decision. Depending upon the type of trial the judge MAY have some leeway in in sentencing or levying a punishment or fine.